Azerbaijan Scraps Term Limit for Bar Association Head

Anar Bagirov

On October 31, Azerbaijan's Milli Majlis (parliament) changed the law On Lawyers and Advocacy. The new rules mean the head of the Bar Association can now be elected for more than two terms.

The changes include several updates to how lawyers work and how people join the bar.

Here's what's new:

• The required experience for lawyers is now one year, down from three.

• People who left legal practice for civil service can now return as lawyers.

• In certain court cases, people can represent themselves without a defense lawyer.

• The Bar Association now has Disciplinary and Specialized Commissions.

• The way disciplinary actions are handled is updated. Now, only the Bar Association Presidium can end a lawyer's practice, and lawyers can appeal these decisions in court.

The most talked-about change is removing the limit on how many times someone can be the Chairman.

Anar Bagirov is the current head of the Bar Association. He was elected in 2017 and again in 2022.

Before this change, Bagirov wouldn't have been able to run again in 2027. Now, he can.

What About International Standards?

Groups like the Council of Bars and Law Societies of Europe (CCBE), the American Bar Association (ABA), and the International Bar Association (IBA) say that self-governance, free elections, and no outside control are key for an independent legal profession.

These groups don't specifically say term limits are required. But globally, these limits are often used to avoid too much power in one person's hands, keep leadership fresh, and ensure democratic responsibility.

The CCBE and ABA believe regular elections and leadership changes help keep the legal profession independent and responsive to its members' wishes.

Many European nations, such as France, Germany, Italy, and Spain, have term limits for bar association leaders.

APA reports that this change was part of the discussed change to the law.

Anar Bagirov has served as Chairman since 2017.

His second term concludes in 2027.

The amendments also address several aspects, such as; clarifying rules for advocacy, adding Disciplinary and Specialized Commissions to the Bar Association, who’s roles are defined by law.

The law outlines that the Bar Association can create regional branches, legal aid services, and training centers.

The changed rules update how disciplinary measures are applied to lawyers. Only the Bar Association Presidium can decide to terminate a lawyer's practice, and this decision, along with any disciplinary actions, can be appealed in court.

The law now presents updated definitions for general meeting, lawyer's survey, and lawyer's certificate.

The bill was approved after a third reading.